DEVELOPMENT BUREAU

LIBRARY OF
STANDARD GENERAL CONDITIONS OF TENDER

Important Notes:

(1) This set of General Conditions of Tender (“GCT”) is applicable to contracts using NEC4
ECC (June 2017, with amendments October 2020) form.

(2) Project officers should refer to the latest technical circulars/memos on DEVB’s website
and Works Group Intranet Portal during their preparation of tender documents.

(3) Project officers should use the library with caution and, if any anomalies are found,
please notify their departmental contract advisors for clarification and, if necessary,
please seek further clarification with the DEVB subject officer [AS(WP4)8, telephone
no. 3509 7308].

(4) Double check the correct references are inserted in the relevant spaces.

Index Last Update Remarks

GCT 1 Definitions 4.10.2021
GCT 2 Documents issued 4.10.2021
GCT 3 Relevant documents not issued 4.10.2021
GCT 4* Submission of tender (Formula 4.10.2021 Alternative for
Approach) Formula
Approach
GCT 4* Submission of tender (Marking Scheme 10.11.2021 Alternative for
Approach) Marking Scheme
Approach
GCT 5 Financial information 4.10.2021
GCT 6 Unauthorised alterations 4.10.2021
GCT 7 Discrepancies in the documents 4.10.2021
GCT 8 Clarification of documents 4.10.2021
GCT 9 Qualification of tender 4.10.2021
GCT 10 Errors in tender submission 4.10.2021

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 Index Last Update Remarks
GCT 11 Correction rules for tender errors 4.10.2021
GCT 12 Tenders in Hong Kong dollars 4.10.2021
GCT 13 Tender negotiation 4.10.2021
GCT 14 Erratic pricing 4.10.2021
GCT 15 Tender addenda 4.10.2021
GCT 16 Tender clarifications 4.10.2021
GCT 17 Unreasonably low bids 4.10.2021
GCT 18 Site investigation information 4.10.2021
GCT 19 Copyright 4.10.2021
GCT 20 Management of subcontractors 4.10.2021
GCT 21 Essential Submission 4.10.2021
GCT 22 Contractors under suspension 4.10.2021
GCT 23 Alternative tenders or designs uninvited 4.10.2021
GCT 24 Offering gratuities 4.10.2021
GCT 25 Submission of further information 4.10.2021
GCT 26 Anti-collusion 4.10.2021
GCT 27 Statement of convictions under the 4.10.2021
Immigration Ordinance (Cap. 115)
GCT 28 Statement of convictions under the 4.10.2021
Employment Ordinance (Cap. 57)
GCT 29 One tender only for holding companies 4.10.2021
or subsidiaries
GCT 30 Admission, promotion and confirmation 4.10.2021
to the List of Approved Contractors for
Public Works / the List of Approved
Suppliers of Materials and Specialist
Contractors for Public Works
GCT31 Eligibility of probationary contractors to 4.10.2021
tender and for the award of contracts
GCT31A Eligibility to Tender and for the Award 4.10.2021
of Contracts Applicable to Confirmed
Group [B] Contractors
GCT 32 Ethical commitment 4.10.2021
GCT 33 Tender cost 4.10.2021
GCT 34 Tenderer’s consent and authorization on 4.10.2021
conviction records
GCT 35 Contingency sums, provisional sums 4.10.2021
and forecast total of the Prices

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 Index Last Update Remarks
Appendix Financial information required to be 4.10.2021
[] submitted in tender for public works
contract (General Condition of Tender
Clause GCT(5))
Appendix Correction Rules for Tender Errors 4.10.2021
[] (General Condition of Tender Clause
GCT(11))

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 General Conditions of Tender

Clause Remarks/Guidelines

GCT 1 Definitions
(1) For the purpose of these General Conditions of DEVB memo ref. (02B6J-01-6) in
Tender and Special Conditions of Tender: DEVB(W)510/10/01 dated
24.3.2011.

(a) conditions of contract means the core clauses and

the clauses for main Option [insert appropriate
option] and secondary Options [insert appropriate
options] and Z of the NEC4 Engineering and
Construction Contract [(June 2017, with
amendments October 2020)]* published by Thomas *
Insert appropriate version.
Telford Ltd., with amendments identified in the
Schedule to the Articles of Agreement referred to in
Clause GCT 2(a)(ii) of these General Conditions of
Tender below;

(b) words and expressions used throughout shall, except

when the context otherwise requires, have the same
meaning assigned to them under the conditions of
contract;

(c) terms identified in the Contract Data are in italics;

(d) in addition, the following words and expressions

shall have the meaning hereby assigned to them:

(i) “Project Manager designate” means ____# # Full description of the “Project
Manager designate” (including
(ii) “unincorporated joint venture”,
full name or, as the case may be,
“participant”, “incorporated joint venture”
full description of the post and
and “shareholder” shall bear the same
name of the current holder of the
meanings as those given in paragraph 6 of
post, address, telephone number
the Environment, Transport and Works
and fax number) should be given
Bureau Technical Circular (Works) No.
in the definition.
50/2002 on Contractors’ Joint Venture.

(iii) "person" includes individual, corporation,

partnership, firm and unincorporated body.

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(2) In these General Conditions of Tender and Special

Conditions of Tender, except where the context
otherwise requires, the singular shall include the
plural and vice versa and any gender shall include
all genders.

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GCT 2 Documents issued

The following documents are issued to tenderers:

(a) One copy of booklet containing: * Delete/Modify as appropriate.

(i) These Conditions of Tender comprising the

General Conditions of Tender and the Special
Conditions of Tender;

(ii) Articles of Agreement and its Schedule;

(iii) Contract Data Part one;

(iv) additional conditions of contract;

*(v) Scope (including Particular Specification except

the drawings as listed in Appendix [insert
appropriate reference] to the Particular
Specification); and

*(vi) Site Information.

(b) One copy of booklet containing: * Modify as appropriate.

(i) Form of Tender;

(ii) Contract Data Part two; and

*(iii) bill of quantities with General Preambles and

Particular Preambles or

activity schedule.
*(c) One set of drawings as listed in Appendix [insert Note: Where applicable, amend
appropriate reference] to the Particular this to (c)(i) and add other item(s)
Specification, such as “Site investigation
information” as (c)(ii), etc.
(d) One set of the Electronic Dissemination Package
(EDP) consisting of:
(i) Files containing the contents of the documents
stated in sub-clauses (a), (b) and (c) above,

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 General Conditions of Tender

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(ii) The Licence Conditions on using the files stated in

(i) of this sub-clause,
(iii) Supporting files containing information on using
the files in (i) of this sub-clause.

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GCT 3 Relevant documents not issued

The following documents are not issued to tenderers:

(a) Standard documents, namely: * Delete/Modify as appropriate.

(i) NEC4 Engineering and Construction Contract # Insert appropriate version.

[(June 2017, with amendments October 2020)]#
published by Thomas Telford Ltd.,
*(ii) General Specification, The documents referred to in sub-
Standard Method of Measurement, clauses (a)(i) to (a)(vi) should be
*(iii)
described in the Particular
*(iv) Construction Site Safety Manual (Chapter 3),
Specification with the full titles and
*(v) The Hong Kong International Arbitration Centre editions.
Domestic Arbitration Rules,
*(vi) The Government of the Hong Kong Special
Administrative Region Construction Mediation
Rules.
*(b) Drawings as listed in Appendix [insert appropriate Note: where applicable, amend this
reference] to the Particular Specification. to (b)(i) and add other item(s) such
as “Site investigation information”
as (b)(ii).

The documents referred to in (a) and (b) above may be

inspected, by appointment, at the Project Manager
designate’s office during normal office hours.
*(c) The “Index Numbers of the Costs of Labour and Ref. DEVB TC(W) No. 4/2021
Materials used in Public Sector Construction
Projects (April 2021=100)”, with base date at April
2021 and the “Average Daily Wages of Workers
Engaged in Public Sector Construction Projects as
Reported by Main Contractors (2021 Edition of
Data Series)”. The former are published in the
Government of the Hong Kong Special
Administrative Region Gazette, whereas the latter
are available on the website of the Census and
Statistics Department.

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 General Conditions of Tender

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GCT 4 Submission of tender (Formula Approach)

(1) The following documents shall be enclosed in a For tenders not using a marking
sealed envelope addressed, endorsed and scheme for tender evaluation.
deposited as required by the Gazette Notification Ref. DEVB memos ref. (026NM-
or Letter of Invitation to Tender or the Tender 01-3) in DEVB(W) 546/17/01 dated
Notice: 25.6.2010 and DEVB(W) 546/83/01
dated 11.11.2020.
(a) One set of the documents referred to in Clause * Delete/Modify as appropriate.
GCT 2(b)* above with:

(i) The Form of Tender in hard copy format duly Note:

signed.
1. Delete the option of electronic
(ii) The Contract Data Part two in hard copy format submission when the bill of
duly completed and signed. quantities or activity schedule
*(iii) in the EDP have not been
The *bill of quantities/*activity schedule in either
provided in Excel format
hard copy format or electronic format [See Note
1] fully priced as to each *item/*activity, 2. Attach an appendix to the GCT
extended, cast and totalled as appropriate. on the prevailing technical
(b) requirements for tender
A copy each of the documents submitted under
submission in electronic format
sub-clauses (1)(a)(i), (1)(a)(ii) and *(1)(a)(iii) of
(Appendix 4 to ETWB TCW
this Clause.
No. 11/2005)

* Delete/Modify as appropriate.
(c) The submissions that are required by the General
Conditions of Tender (GCT) and Special
Conditions of Tender (SCT).

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(2) If a tenderer submitted the documents required ** Works Departments should

under sub-clause (1)(a) of this Clause in stipulate the prevailing rates
electronic format as allowed thereunder but failed which may from time to time be
to submit the required copy under sub-clause prescribed by DEVB, FSTB
(1)(b) of this Clause, the tender opening team and/or PWTB. Ref: DEVB
shall make the required copy in electronic format memo ref. (032YD-01-3) in
on the tenderer's behalf. The tenderer may be DEVB(W) 511/70/02 dated
asked to bear the cost of making the copy. The 3.7.2019, FSTB memo ref. ( )
cost of duplication is currently set at $54** per in TsyB T ADM/1-135/1/0
electronic file and the material charge at $1.1** Pt.10 dated 24.12.2018 and
per CD-ROM and $1.3** per 4.7GB DVD+/–R. PWTB memo ref. (7) in
(3) ASD13/95200/
If a tenderer submitted the documents required
TEN/OPEN/PCF dated
under sub-clause (1)(a) of this Clause in hard
5.7.2018. [Note: Please
copy format as allowed or required thereunder
check the latest relevant memo.
but failed to submit the required copy under sub-
The photocopying charge for
clause (1)(b) of this Clause, the tender opening
tenders opened by the CTB and
team shall make the required photocopies on the
PWTB are $12.0 per page and
tenderer's behalf. The tenderer may be asked to
$14.8 per page respectively.]
bear the cost of making the photocopies. The cost
of photocopying is currently set at $12/$14.8**
per copied page, which cost also covers material.
(4) If a tenderer elects to submit the priced *bill of
quantities/*activity schedule in hard copy format
and where a hard copy has been supplied by the
Client, it should price the *bill of
quantities/*activity schedule on the hard copy
supplied by the Client. If a tenderer fails to do so,
any extra cost incurred by the Client in checking
whether the printed descriptions or figures of the
tender are identical to those in the hard copy
supplied by the Client is recoverable by the Client
as a debt. The tenderer whose tender has been so
checked shall pay such cost if demanded by the
Client.

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(5) Where a document may be submitted in hard

copy format or electronic format and if a tenderer
makes two submissions for the same document,
one in hard copy format and one in electronic
format, the submission in hard copy format shall
be discarded.
(6) All submissions in electronic format shall comply
with the requirements set out in Appendix [insert
appropriate reference] to these General
Conditions of Tender [See Note 2].

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GCT 4 Submission of tender (Marking Scheme Approach)

(1) The following documents shall be placed in two Alternative Clause GCT 4 for
separate envelopes as specified below and the tenders using a marking scheme for
two envelopes shall then be enclosed in a sealed tender evaluation.
envelope addressed, endorsed and deposited as
Ref. DEVB memos ref. (026NM-
required by the Gazette Notification or Letter of
01-3) in DEVB(W) 546/17/01 dated
Invitation to Tender or the Tender Notice:
25.6.2010 and DEVB(W) 546/83/01
dated 11.11.2020.

In an envelope clearly marked with the tender

reference and the words 'Tender Price
Documents'
(a) One set of documents referred to in Clause GCT * Delete/Modify as appropriate.
2(b)* above with:

(i) The Form of Tender in hard copy format duly Note:

signed.
1. Delete the option of electronic
(ii) The Contract Data Part two *(Section 2) in hard submission when the bill of
copy format duly completed and signed. quantities or activity schedule
*(iii) in the EDP have not been
The *bill of quantities/*activity schedule in either
provided in Excel format
hard copy format or electronic format [See Note
1] fully priced as to each *item/*activity, 2. All submissions required from
extended, cast and totalled as appropriate. tenderers should be stated,
(b) quoting where the details of the
A copy each of the documents submitted under
requirements are given, e.g.
sub-clauses (1)(a)(i), (1)(a)(ii) and *(1)(a)(iii) of
Clause SCT 1 of the Special
this Clause.
Conditions of Tender.
(c) The following submissions that are required by
3. Sub-clause (c)(iii) is applicable
the General Conditions of Tender (GCT) and
only if pre-bidding is adopted.
Special Conditions of Tender (SCT) [See Note 2]:
4. Sub-clause (e)(iii) is applicable
(i) ……………… (GCT Clause [ ] ) only if pre-bidding is adopted.
(ii) ………..………(SCT Clause [ ] )
5. Attach an appendix to the GCT
(iii) The “Pricing Information for Pre-bid on the prevailing technical
Arrangement”, if applicable, for the requirements for tender

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subcontracted works/items stipulated in submission in electronic format
Appendix [insert appropriate reference] to the (Appendix 4 to ETWB TCW
additional conditions of contract under pre-bid No. 11/2005)
arrangement in either hard copy format or 6. Sub-clause (c)(iv) is only
electronic format (Clause SCT [18]) [See Note 3] applicable for works tenders of
(iv) The Estimates for Tender Price Index (ETPI) Group C contracts issued under
in either hard copy format or electronic format CEDD, HyD, WSD and DSD
fully priced as to each item, extended, cast and and adopting ECC Options A or
totaled as appropriate. (Clause SCT [20]) [See C, where the tender price
Note 6] information are required for
compilation of the CEWTPI.
(DEVB TC(W) No. 6/2017)

In another envelope clearly marked with the

tender reference and the words 'Technical
Submission'
(d)# Submissions on tenderer’s experience, technical * Delete/Modify as appropriate.
resources and technical proposals which are the
#Where applicable, amend this to
subject of evaluation in accordance with the
(d)(i) and add other items such as
marking scheme at [Appendix to Notes to
“Contract Data Part one (Section 1)”
Tenderers] *[and more particularly described in
Special Conditions of Tender Clause ], in either
hard copy format or electronic format.
(e) The following submissions that are required by
the General Conditions of Tender (GCT) and
Special Conditions of Tender (SCT) [See Note 2]:

(i) ……………… (GCT Clause [ ])

(ii) ………..………(SCT Clause [ ])

(iii) if the tenderer elects to propose

Subcontractors/suppliers before the close of tender
for any of the works/items stipulated in Appendix
[insert appropriate reference] to the additional
conditions of contract, the tenderer shall submit the
corresponding expression of interest and evidence
to demonstrate the proposed
Subcontractor/supplier’s compliance with the

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requisite requirements for each proposed
Subcontractor/supplier in accordance with SCT
[18(2)(b), (c) and (d)]. [See Note 4]

(2) If a tenderer submitted the documents required ** Works Departments should

under sub-clause (1)(a) of this Clause in stipulate the prevailing rates
electronic format as allowed thereunder but failed which may from time to time be
to submit the required copy under sub-clause prescribed by DEVB, FSTB
(1)(b) of this Clause, the tender opening team and/or PWTB. Ref: DEVB
shall make the required copy in electronic format memo ref. (032YD-01-3) in
on the tenderer's behalf. The tenderer may be DEVB(W) 511/70/02 dated
asked to bear the cost of making the copy. The 3.7.2019, FSTB memo ref. ( )
cost of duplication is currently set at $54** per in TsyB T ADM/1-135/1/0 Pt.
electronic file and the material charge at $1.1** 10 dated 24.12.2018 and
per CD-ROM or $1.3** per 4.7GB DVD+/–R. PWTB memo ref. (7) in
(3) ASD13/95200/
If a tenderer submitted the documents required
TEN/OPEN/PCF dated
under sub-clause (1)(a) of this Clause in hard
5.7.2018. [Note: Please check
copy format as allowed or required thereunder
the latest relevant memo. The
but failed to submit the required copy under sub-
photocopying charge for
clause (1)(b) of this Clause, the tender opening
tenders opened by the CTB and
team shall make the required photocopies on the
PWTB are $12.0 per page and
tenderer's behalf. The tenderer may be asked to
$14.8 per page respectively.]
bear the cost of making the photocopies. The
cost of photocopying is currently set at
$12/$14.8** per copied page, which cost also
covers material.
(4) If a tenderer elects to submit the priced *bill of
quantities/*activity schedule in hard copy format
and where a hard copy has been supplied by the
Client, it should price the *bill of
quantities/*activity schedule on the hard copy
supplied by the Client. If a tenderer fails to do so,
any extra cost incurred by the Client in checking
whether the printed descriptions or figures of the
tender are identical to those in the hard copy
supplied by the Client is recoverable by the Client

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as a debt. The tenderer whose tender has been so
checked shall pay such cost if demanded by the
Client.
(5) Where a document may be submitted in hard
copy format or electronic format and if a tenderer
makes two submissions for the same document,
one in hard copy format and one in electronic
format, the submission in hard copy format shall
be discarded.
(6) All submission in electronic format shall comply
with the requirements set out in Appendix [insert
appropriate reference] to these General
Conditions of Tender [See Note 5].

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GCT 5 Financial information

The tenderer shall, upon written request by the Project Remember to insert Appendix.
Manager designate issued in accordance with General Refer to SDEV’s memo ref.
Conditions of Tender Clause GCT 25, submit to the Project DEVB(W) 546/70/02 dated
Manager designate the financial information set out in 10.2.2021 for the for the standard
Appendix [insert appropriate reference] to these General Appendix to General Conditions of
Conditions of Tender. The information shall be used for Tender Clause GCT 5.
tender assessment only and shall not form part of this
contract.
This is a non-essential submission.

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GCT 6 Unauthorised alterations

Any unauthorised alteration or erasure or obliteration
to the text of the documents may cause the tender to
be disqualified.

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GCT 7 Discrepancies in the documents

The tenderer shall check the numbers of pages of all
documents against page numbers given in summaries, and
should it find any discrepancy or indistinctness, it must
inform the Project Manager designate and have the same
rectified.

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GCT 8 Clarification of documents

Should the tenderer for any reason whatsoever be in doubt
about the precise meaning of any item or figure contained
in the documents it shall seek clarification from the Project
Manager designate.

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GCT 9 Qualification of tender

Any qualification of the tender may cause the tender to be
disqualified.

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GCT 10 Errors in tender submission

In the event of a tenderer discovering an error in its tender

after it has been deposited, attention in writing may be
drawn to the error and an amendment submitted which,
provided that the amendment shall have been deposited
before the time fixed for receipt of tenders, shall be
accepted.

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GCT 11 Correction rules for tender errors

Without prejudice to other General Conditions of Tender # Please include the principles and
and Special Conditions of Tender, if errors and/or rules contained in ETWB TC(W)
omissions are found in a tender during tender examination, No. 41/2002 as an appendix to these
such errors and/or omissions shall be dealt with in General Conditions of Tender and
accordance with the principles and rules contained in insert appropriate reference.
Appendix [insert appropriate reference]# to these General
Conditions of Tender.

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GCT 12 Tenders in Hong Kong dollars

Unless otherwise provided, the tender shall be in Hong Note: Please refer to SPR 355 for
Kong dollars. tenders in foreign currencies.

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GCT 13 Tender negotiation

The Client reserves the right to negotiate with any tenderer

about the terms of the offer.

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GCT 14 Erratic pricing

(1) Without prejudice to the generality of the other * Delete as appropriate.

General Conditions of Tender and Special
Conditions of Tender, the Client may regard a
tender as not being the most advantageous,
irrespective of whether or not it is the lowest
tender or the tender with the highest overall score,
if in the Client’s opinion:

(a) the *bill of quantities/*activity schedule of the

tender have been priced erratically whether or not
such erratic pricing is the result of the application
of Appendix [insert appropriate reference] to
these General Conditions of Tender; and

(b) the erratic pricing is such as to expose the Client

to an unacceptable level of financial risk.

(2) For the purposes of this Clause, “erratic pricing” * Delete as appropriate.
means the situation where an *item/*activity or
certain *items/*activities in *a/an *bill of
quantities/*activity schedule are priced or
structured in such a way as to suggest significant
and unjustified:-

(a) inconsistency, irregularity or non-uniformity as

compared with *item/*activity or
*items/*activities of the same or similar nature in
the same *bill of quantities/*activity schedule or
another *bill of quantities/*activity schedule
submitted by the same tenderer in the same
tendering exercise; or

(b) deviation from prevailing market prices in respect

of the same or similar *item/*activity or
*items/*activities.

The expression “priced erratically” shall be

construed accordingly.

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(3) In determining prevailing market price, the Client * Delete as appropriate.

may take into account the Project Manager
designate’s estimates, the average price of the
same *item/*activity in other tenders submitted
for the same tendering exercise, and/or the price
of the same or similar *items/*activities in other
tendering exercises after making adjustment for
changes in price in accordance with inflation or
deflation.

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GCT 15 Tender addenda

Should the Client require any amendments, clarifications, or

adjustments to be made to the tender documents for the
purpose of tendering, the Project Manager designate will
issue to every tenderer numbered addenda giving full details
of such amendments etc. and the tender documents shall be
taken as having been amended, clarified or adjusted
accordingly upon the issue of these addenda. The tenderer
shall acknowledge receipt of these addenda.

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GCT 16 Tender clarifications

(1) The Client will not consider any clarification or DEVB memo ref. DEVB(W)
information submitted by a tenderer after close of 510/20/01 dated 10.9.2012 and ref.
tender irrespective of whether or not the DEVB(W) 510/83/05 dated
clarification or information is submitted at the 9.11.2020.
invitation of the Client if such clarification or
information would alter the tender in substance or
give the tenderer an advantage over the other
tenderers.

(2) Without prejudice to the generality of sub-clause

(1) of this Clause, where the Project Manager
designate has after close of tender invited a
tenderer to submit further information or
clarification other than the Excepted Information,
the tenderer shall submit the requested
information or clarification within the time
specified in such invitation or within such further
time as the Project Manager designate may
allow.
+
(3) If the requested information or clarification is not Depending on the provisions of
provided within the time or further time as the tender documents as
referred to in sub-clause (2) of this Clause, the adopted for any particular
Client may proceed to evaluate the tender on an project, project office/
as is basis, but in the case where the information procuring department may
is in respect of [the letters referred to in Clause include additional item(s) of
GCT 26(3) and Clause GCT 29(4) of the General information. The additional
Conditions of Tender, the duly signed letter of item(s) of information shall not
consent and authorization referred to in Clause include any Excepted
GCT 34(1) of the General Conditions of Tender Information (as defined in GCT
or the information related to the “General 16(4)).
statements” *and “X1 Price adjustment for * Delete as appropriate.
inflation” in the Contract Data Part two required
under Clause GCT 4(1)(a)(ii) of the General
Conditions of Tender]+, the tender may be
invalidated.

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(4) For the purposes of this Clause, "Excepted

Information" means the information required to
be submitted upon written request by the Project
Manager designate under Clause GCT 25 of the
General Conditions of Tender and any
information for which it is provided that a
tenderer's failure to submit on or before close of
tender will render its tender invalid or result in its
tender not being considered.

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GCT 17 Unreasonably low bids

Without prejudice to the generality of other General

Conditions of Tender and Special Conditions of Tender, the
Client may reject a tender which in the opinion of the Client
is unreasonably low in terms of price and may therefore
affect the tenderer’s capability to carry out and complete this
contract and/or deliver work of the quality required in
accordance with the terms of this contract.

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GCT 18 Site investigation information

(1) Site investigation information *as listed in Clause Please refer to the guidelines in
GCT 2(c) of these General Conditions of Tender is Section 11.5, Chapter 5 of the
issued with the tender documents/* as listed in Project Administration Handbook
Clause GCT 3(b) of these General Conditions of for issuing information to
Tender is available for inspection by appointment prospective contractors in the pre-
at the Project Manager designate’s office during contract stage.
normal office hours for the information of the
* Delete as appropriate.
tenderer. Any site investigation information, if
issued, is to be returned to the Project Manager
designate’s office after submission of the tender.

(2) Neither the Client nor its agents or representatives

accept any responsibility whatsoever for the
accuracy or sufficiency of any information
provided under this Clause and the onus is on the
tenderer to carry out at its own expense any further
enquiries and investigations it requires for its own
information.

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GCT 19 Copyright

(1) The documents, plans, drawings or other materials Ref: ETWB TCW No. 26/2004
forming part of the tender documents shall only be
(Based on the SCT clause in the
used by a tenderer or any person authorized or
obsolete ETWB TCW No. 39/2002.)
licensed by the tenderer for the purpose of
preparing its tender. All other rights in the aforesaid
materials are reserved by the relevant copyright
owners. The tenderer shall be liable to the Client
for breach of the foregoing by any such person as
if the breach were committed by the tenderer.

(2) The tenderer shall indemnify and keep indemnified

the Client against all losses, liabilities, damages,
costs, legal costs, professional and other expenses
of any nature whatsoever incurred or suffered by
the Client whether direct or consequential arising
out of any disputes or other claims or proceedings
against the Client by any third party by reason of
any breach of sub-clause (1) above by the tenderer
or any person authorized or licensed by the
tenderer. In this connection the tenderer shall
submit with its tender a Letter of Indemnity in the
form set out in Appendix [insert appropriate
reference] to these General Conditions of Tender
duly executed by the tenderer. Where the
tenderer is an incorporated joint venture, it shall
also submit with its tender a Letter of Indemnity in
the form set out in Appendix [insert appropriate
reference] to these General Conditions of Tender
duly executed by all the shareholders of the
incorporated joint venture.

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GCT 20 Management of Subcontractors

(1) The tenderer shall, upon written request by the Note: This is usually a non-
Project Manager designate issued in accordance essential submission.
with General Conditions of Tender Clause GCT However, if the submission
25, submit to the Project Manager designate an of a SMP is considered an
outline Subcontractor Management Plan (SMP) essential requirement
which shall contain information as required in the (which is rare), sub-clause
Guidelines on Scope and Contents of the (1) will need to be re-
Subcontractor Management Plan at Appendix worded to state that the
[insert appropriate reference] to the additional SMP shall be submitted
conditions of contract. The outline SMP submitted together with the
shall not form part of this contract. submission of the tender.

(2) For the purpose of this Clause and Appendix [insert

appropriate reference] to the additional conditions
of contract, the term ‘subcontractor’ means all
types of subcontractor including without limitation
Specialist Subcontractor.

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GCT 21 Essential submissions

Without prejudice to other General Conditions of Tender or Ref: DEVB memo ref. (01YVQ-
Special Conditions of Tender providing for invalidating a 01-2) in DEVB(W) 546/17/01
tender submitted by a tenderer, the failure of a tenderer to dated 3.4.2009 and DEVB memo
submit with its tender any of the following on or before the ref. (03487-01-1) in DEVB(W)
original date set for the close of tender or, if this has been 510/83/05 dated 31.12.2019.
extended, the extended date shall render its tender invalid:

(i) the Form of Tender required under Clause GCT Note: The items (i) and (ii) must be
4(1)(a)(i) listed under this GCT. Please see
also the “remark” for SCT.

(ii) the *bill of quantities/*activity schedule required The items from (iii) to (ix) are used
under Clause GCT 4(1)(a)(iii) only in rare cases. Please refer to
the individual SCT Clause for
*(iii) the programme of works required under Clause
guidance. These items are to
[SCT 1]
be included as essential
*(iv) design required for part of the works not covered requirements if required to be
by the Client’s design required under Clause submitted by the tenderers. If
[SCT 3] these are not regarded as essential
*(v) Temporary Works design required under Clause requirements they should not be
[SCT 4] required to be submitted.

*(vi) Outline Safety Plan required under Clause [SCT * Delete as appropriate.
14]

*(vii) outline quality system for structural concrete

required under Clause [SCT 6]

*(viii) Subcontractor Management Plan required under

Clause GCT 20.

*(ix) Outline Environmental Management Plan

required under Clause [SCT 8]

*(x) where the tenderer is an unincorporated joint Items (x) and (xi) must be listed for
venture, nomination of a lead participant required tenders that allow joint ventures to
under SCT Clause [SCT 5]1 participate.

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*(xi) where the tenderer is a joint venture (whether ^ Select as appropriate:

incorporated or unincorporated), the proposed
“value” and “JV Proforma” are
[^value / ^percentage participation and value] of
for Formula Approach tender
works to be undertaken by each participant or
evaluation.
shareholder in the joint venture in the [^JV
Proforma / ^Technical Submission Envelope and “percentage participation and
JV Proforma in the Tender Price Documents value” and “Technical
Envelope respectively] as required under SCT Submission Envelope and
Clause [SCT 5]2. JV Proforma in the Tender Price
Documents Envelope
respectively” are for Marking
Scheme tender evaluation.

Note on standard SCT Sub-clauses

to be quoted:

1 SCT 5(2)(a)

2 SCT 5(4)A or 5(4)B

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GCT 22 Contractors under suspension

(1) If the tenderer or, if the tenderer is an Ref: ETWB TCW No. 10/2004 with
unincorporated or incorporated joint venture, any modifications in accordance with the
participant of the unincorporated joint venture or definition in GCT 1(b).
shareholder of the incorporated joint venture is
This clause is designed for inputting
under suspension from tendering for Buildings* /
one service category only. If a
Port Works* / Roads and Drainage* / Site
project requires invitation of more
Formation*/ Waterworks* category of the List of
than one service category in the List,
Approved Contractors for Public Works (see Note
DEVB and LAD(W) have to be
1), its tender will not be considered unless the
consulted on the non-standard
suspension is lifted by the relevant works
amendments.
department or the Development Bureau by the
date set for the close of tender, or if this has been For tenders adopting open tendering
extended, the extended date. procedures, project may require to
include more than one service
category in the List of Approved
Contractors for Public Works or the
List of Approved Suppliers of
Materials and Specialist Contractors
for Public Works, DEVB and
LAD(W) have to be consulted on the
non-standard amendments.

Note 1: Insert the appropriate

description in the event that the
contract is invited from the List of
Approved Suppliers of Materials and
Specialist Contractors for Public
Works.

* Delete as appropriate.

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(2) If the tenderer or, if the tenderer is an

unincorporated or incorporated joint venture, any
participant of the unincorporated joint venture or
shareholder of the incorporated joint venture is
under voluntary suspension from tendering for
Buildings* / Port Works* / Roads and Drainage*
* Delete as appropriate.
/ Site Formation*/ Waterworks* category of the
List of Approved Contractors for Public Works
(see Note 1) at the date of tender invitation but
subsequently revokes the voluntary suspension
without agreement in writing from either the
relevant works department or the Development
Bureau, its tender will not be considered.

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GCT 23 Alternative tenders or designs uninvited

Alternative tenders or designs for which no invitation has Ref.: DEVB TCW No. 3/2014.
been made shall not be considered.

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GCT 24 Offering gratuities

The tenderer shall not and shall ensure that its agents and Ref: ETWB TCW No. 3/2004
employees shall not offer or give any advantage, gratuity, “Ethical Commitment by
bonus, discount, bribe or loan of any sort to any agent or Consultants and Contractors” is
employee of the Client or to the Project Manager designate relevant.
or to any member of the Project Manager designate’s staff.
Any breach of or non-compliance with this Clause by the
tenderer shall, without affecting the tenderer’s liability for
such breach or non-compliance, invalidate its tender.

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GCT 25 Submission of further information

The tenderer shall upon written request by the Project DEVB memo ref. (02B6J-01-6) in
Manager designate (which may be issued at any time after DEVB(W)510/10/01 dated
the tender closing date) submit to the Project Manager 24.3.2011.
designate within 7 days of the date of issue of the written
Note: Non submission will be
request or within reasonable time upon the written request the
regarded as withdrawal of
following documents:
tender.

# [(a) ............................................; # Project office to specify the

relevant documents with reference
(b) ..............................................; and
to the relevant GCT or SCT
(c) ...............................................] clause, e.g. the financial
information as referred to in
General Conditions of Tender
Failure to comply with this Clause by the tenderer
Clause GCT 5. Such documents
shall render its tender invalid.
should not contain information
which will affect the evaluation
process or the marking scheme.

Note on standard GCT/SCT Sub-

clauses may be quoted:

1. GCT 5,

2. GCT 20(1),

3. GCT 27(2),

4. GCT 28(2),

5. SCT 5(2)(b) and SCT 5(3),

6. SCT 5(5)(b),

7. SCT 5(6)(c), (d) and (e),

8. SCT 7(1),

9. SCT 7(2), and/or

10. SCT 8(1).

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GCT 26 Anti-collusion

(1) (a) Subject to sub-clause (2) of this Clause, DEVB memo ref. (02B6J-01-6) in
the tenderer shall not communicate to any DEVB(W)510/10/01 dated
person other than the Client the amount of 24.3.2011.
the tender price or any part thereof until
the tenderer is notified by the Client of the
outcome of the tender exercise.

(b) Further to paragraph (a) of this sub-clause,

the tenderer shall not fix the amount of the
tender price or any part thereof by
arrangement with any other person, make
any arrangement with any person about
whether or not he or that other person will
or will not submit a tender or otherwise
collude with any person in any manner
whatsoever in the tendering process.

(c) Any breach of or non-compliance with this

sub-clause by the tenderer shall, without
affecting the tenderer’s liability for such
breach or non-compliance, invalidate its
tender.

(2) Sub-clause (1)(a) of this Clause shall have no

application to the tenderer’s communications in
strict confidence with:

(a) its own insurers or brokers to obtain an

insurance quotation for computation of
tender price;

(b) its consultants or subcontractors to solicit

their assistance in preparation of tender
submission; and

(c) its bankers in relation to financial

resources for this contract.

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(3) The tenderer shall submit with its tender a duly + See below. It shall not be
signed and witnessed letter in the form set out in included as an essential
Appendix [insert appropriate reference]+ to these requirement under GCT 21.
General Conditions of Tender. The signatory to
the letter shall be a person authorized to sign
Government contracts on the tenderer’s behalf.

(4) The tenderer shall indemnify and keep

indemnified the Client against all losses, damages,
costs or expenses arising out of or in relation to any
breach of or non-compliance with sub-clause (1)
of this Clause by the tenderer, including but not
limited to additional costs due to price escalation,
costs and expenses of re-tendering and other costs
incurred.

Appendix [ ]

To: The Government of the Hong Kong Special

Administrative Region ("Government")

Date: _____________________

Dear Sir/Madam,

Contract No.: [ ]

Title: [ ]

*[I/We], [(name of the tenderer) of (address of the * Delete as appropriate.

tenderer)]1, refer to *[my/our] tender for the above contract.
1 Where the tenderer comprises
*[I/We] confirm that, before *[I/we] sign this letter, two or more persons or
*[I/we] have read and fully understand this letter and the anti- companies acting in partnership,
collusion clause in General Conditions of Tender Clause joint venture or otherwise, this
GCT 26. part in square brackets should be

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*[I/We], represent and warrant that in relation to the expanded to include the
tender for the above contract: respective names and addresses
of such persons or as the case
(i) *[I/We], other than the Excepted
may be companies.
Communications referred to in the last
paragraph of this letter, have not communicated 2 Where the tenderer comprises
and will not communicate to any person other two or more persons or
than the Government the amount of the tender companies acting in partnership,
price or any part thereof until *[I/we] have been joint venture or otherwise, all
notified by the Government of the outcome of such persons or as the case may
the tender exercise; be companies must sign. The
signatory for each of such
(ii) *[I/We] have not fixed and will not fix the
persons or companies shall be a
amount of the tender price or any part thereof
person authorized to sign
by arrangement with any person;
Government contracts on behalf
(iii) *[I/We] have not made and will not make any of that person or as the case may
arrangement with any person as to whether be company.
*[I/we] or that other person will or will not
submit a tender; and

(iv) *[I/We] have not otherwise colluded and will

not otherwise collude with any person in any
manner whatsoever in the tendering process.

*[I/We] shall indemnify and keep indemnified the

Government against all losses, damages, costs or expenses
arising out of or in relation to any breach of any of the
representations and/or warranties above, including but not
limited to damages for delay, costs and expenses of re-
tendering and other costs incurred.
In this letter, the expression “Excepted
Communications” means *[my/our] communications in
strict confidence with:
(i) *[my/our] own insurers or brokers to obtain
an insurance quotation for computation of
tender price;
(ii) *[my/our] consultants or subcontractors to
solicit their assistance in preparation of tender
submission; and

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(iii) *[my/our] bankers in relation to financial

resources for this contract.

Signed for and on behalf of [name of the tenderer] by

[name and position of the signatory]2:

Name of Witness: ____________________

Signature of Witness: _________________

Occupation: ________________________

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GCT 27 Statement of convictions under the Immigration Ordinance (Cap. 115)

(1) A tender will not be considered if, during the 12-

month period prior to the date set for the close of
tender, or if this has been extended, the extended
date, the tenderer has had three or more
convictions in respect of separate incidents under
Sections 17I or 38A of the Immigration Ordinance
(Cap. 115) for employing illegal workers or for
having illegal workers on any site under the
tenderer’s control, whether or not it has been
formally suspended as a result of such convictions.
Illegal workers shall mean any persons on
construction sites who are illegal immigrants; or
any persons who, being not lawfully employable
by virtue of Section 17G(2) of the Immigration
Ordinance, have committed an offence under
Section 41 by contravening the conditions of stay
in force in respect of them. If the tenderer is an
unincorporated or incorporated joint venture, the
tender will not be considered if any participant of
the unincorporated joint venture or shareholder of
the incorporated joint venture has had three or
more such convictions during the 12-month
period, whether or not that participant or
shareholder has been formally suspended as a
result of such convictions.

(2) The tenderer shall submit, subject to General ** Delete as appropriate for
Conditions of Tender Clause GCT 25/with the Formula Approach / Marking
tender**, either a statement of all convictions Scheme tender evaluation.
under Sections 17I or 38A of the Immigration
Ordinance (Cap. 115) for employing illegal
workers or for having illegal workers for all sites
under its control (whether they are sites under
public or private contracts) during the 12-month^ ^ [or other period specified by the
period prior to the date set for the close of tender, Project Manager where

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or if this has been extended, the extended date, the appropriate to cope with the
details of which shall include the legislation assessment period for tender
violated, dates of offences, dates of convictions evaluation using the Marking
and the associated fine imposed by the court, site Scheme.]
addresses, contract numbers and contract titles, or
a statement of “no conviction”. The statement
shall be certified by a person authorized to sign
Government contracts on the tenderer’s behalf #[, # For use in tenders which
or in case of EMSTF’s tender, a person authorized EMSTF is eligible to bid
to sign the Service Level Agreement.].

(3) If the tenderer is an unincorporated or incorporated

joint venture, each participant of the
unincorporated joint venture or shareholder of the
incorporated joint venture shall submit such a
statement separately.

(4) Where the tenderer (including shareholders and

participants in joint ventures) is a company it shall
disclose any change of name made during the
period of twelve months^ prior to the date set for ^ [or other period specified by the
the close of tender, or if this has been extended, the Project Manager where
extended date, and shall include in its statement of appropriate to cope with the
all convictions any conviction recorded under any assessment period for tender
previous name. evaluation using the Marking
Scheme.]
#(5) For tenders submitted by EMSTF, the letters of # For use in tenders which
“non-compliance” issued by the relevant EMSTF is eligible to bid
regulatory authorities shall also be treated as
conviction records.

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GCT 28 Statement of convictions under the Employment Ordinance (Cap. 57)

(1) A tender will not be considered if, during the 12- Ref. ETWB TCW No. 10/2004 and
month period prior to the date set for the close of Clause 5.7.1 of the Contractor
tender, or if this has been extended, the extended Management Handbook, with
date, the tenderer has had three or more modifications in accordance with the
convictions in respect of separate incidents under definition in GCT 1(b).
the Employment Ordinance (Cap. 57) on any site
under the tenderer’s control, whether or not it has
been formally suspended as a result of such
convictions. If the tenderer is an unincorporated
or incorporated joint venture, the tender will not be
considered if any participant of the unincorporated
joint venture or shareholder of the incorporated
joint venture has had three or more such
convictions during the 12-month period, whether
or not that participant or shareholder has been
formally suspended as a result of such convictions.

(2) The tenderer shall submit, subject to General

Conditions of Tender Clause GCT 25/ with the
tender**, either a statement of all convictions ** Delete as appropriate for
under the Employment Ordinance (Cap. 57) for all Formula Approach / Marking
sites under its control (whether they are sites under Scheme tender evaluation.
public or private contracts) during the 12-month^
period prior to the date set for the close of tender, ^ [or other period specified by the
or if this has been extended, the extended date, the Project Manager where
details of which shall include the legislation appropriate to cope with the
violated, dates of offences, dates of convictions assessment period for tender
and the associated fine imposed by the court, site evaluation using the Marking
addresses, contract numbers and contract titles, or Scheme.]
a statement of “no conviction”. The statement
shall be certified by a person authorized to sign
Government contracts on the tenderer’s behalf #[,
or in case of EMSTF’s tender, a person authorized # For use in tenders which EMSTF
to sign the Service Level Agreement]. is eligible to bid

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(3) If the tenderer is an unincorporated or incorporated

joint venture, each participant of the
unincorporated joint venture or shareholder of the
incorporated joint venture shall submit such a
statement separately.

(4) Where the tenderer (including shareholders and

participants in joint ventures) is a company it shall
disclose any change of name made during the
period of twelve months^ prior to the date set for ^ [or other period specified by the
the close of tender, or if this has been extended, the Project Manager where
extended date, and shall include in its statement of appropriate to cope with the
all convictions any conviction recorded under any assessment period for tender
previous name. evaluation using the Marking
Scheme.]
#(5) For tenders submitted by EMSTF, the letters of # For use in tenders which
EMSTF is eligible to bid
“non-compliance” issued by the relevant
regulatory authorities shall also be treated as
conviction records.

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GCT 29 One tender only for holding companies or subsidiaries

(1) Unless otherwise provided in the Special

Conditions of Tender, no tenderer is permitted to
submit more than one tender for each contract.

(2) (a) A holding company and all of its subsidiaries DEVB memo ref. DEVB(W)
shall be allowed to submit only one tender 510/10/01 dated 16.12.2014.
from any one of the companies in the group.

(b) The existence of a holding-subsidiary

relationship shall be determined as at the date
set for the close of tender, or if this has been
extended, the extended date, and in
accordance with the provisions in Sections 13
to 15 of the Companies Ordinance (Cap.
622).

(2A) (a) For related parties, only one of them is DEVB memo ref. DEVB(W)
permitted to submit a tender for this contract. 510/83/05 dated 16.9.2020

(b) For the purpose of this sub-clause (2A), an

entity (including but not limited to sole
proprietorship, partnership and limited
company) and the tenderer are related parties
if any of the following conditions applies as
at the date set for the close of tender, or if this
has been extended, the extended date:

(i) The entity is controlled or jointly

controlled by a person or a close
member of that person’s family who:

(1) has control or joint control of the

tenderer.

(2) has significant influence over the

tenderer; or

(3) is a member of the key

management personnel of the

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tenderer or of a parent of the
tenderer.

(ii) A person or a close member of that

person’s family, who has control or
joint control of the tenderer has
significant influence over the entity or
is a member of the key management
personnel of the entity (or of a parent of
the entity).

(iii) The entity, or any member of a group of

which it is a part, provides key
management personnel services to the
tenderer or to the parent of the tenderer.

(c) For the avoidance of doubt, the following

definitions should be adopted when
interpreting sub-clause (2A) above: -

‘Control’ means the power to govern the

financial and operating policies of the
tenderer/entity so as to obtain benefits from
its activities.

‘ Joint control’ means the contractually

agreed sharing of control over the
tenderer/entity, and exists only when the
strategic financial and operating decisions
relating to the tenderer/entity require the
unanimous consent of the parties sharing
control.

‘Significant influence’ means the power to

participate in the financial and operating
policy decisions of the tenderer/entity but is
not control or joint control over those policies

‘Key management personnel’ mean those

persons having authority and responsibility
for planning, directing and controlling the
activities of the tenderer/entity/parent,

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directly or indirectly, including any director
(whether executive or otherwise) of that
tenderer/entity/parent.

‘Close members of that person’s family’

mean those family members who may be
expected to influence, or be influenced by,
that individual in their dealings with the
tenderer or the entity. They may include but
not limited to:

(i) the individual’s domestic partner and

children;

(ii) children of the individual’s domestic

partner; and

(iii) dependants of the individual or the

individual’s domestic partner.

(3) Failure to observe the above conditions shall

render all related tenders null and void and any
such tenders shall not be considered.

(4) The tenderer shall submit with its tender a duly DEVB memo ref. DEVB(W)
signed and witnessed letter in the form set out in 510/83/05 dated 9.11.2020
Appendix [insert an appropriate reference]+ to
+
these General Conditions of Tender. The It shall not be included as an
signatory to the letter shall be a person authorized essential requirement under GCT
to sign Government contracts on the tenderer’s 21.
behalf.

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 General Conditions of Tender

Appendix [ ]

To: The Government of the Hong Kong Special

Administrative Region ("Government")

Date: _____________________

Dear Sir/Madam,

Contract No.: [ ]

Title: [ ]

1. *[I/We], the tenderer, [(name of the tenderer) of * Delete as appropriate.

(address of the tenderer)]1, refer to *[my/our] tender for
1 Where the tenderer comprises
the above contract.
two or more persons or
companies acting in partnership,
2. *[I/We] confirm that, before *[I/we] sign this letter, joint venture or otherwise, this
*[I/we] have read and fully understand this letter and the part in square brackets should be
requirements set out in General Conditions of Tender expanded to include the
Clause GCT 29 on “One tender only for holding respective names and addresses
companies, subsidiaries or related parties”. of such persons or as the case
may be companies.
3. *[I/We] represent and warrant that in relation to the
2 Where the tenderer comprises
restriction that no tenderer is permitted to submit more
two or more persons or
than one tender for the above contract as set out in GCT
companies acting in partnership,
29:
joint venture or otherwise, all
such persons or as the case may
(i) This tender is the only tender submitted by
be companies must sign. The
*[me/us];
signatory for each of such
persons or companies shall be a
(ii) None of our holding company or subsidiary
person authorized to sign
company has submitted a tender for the Government contracts on behalf
above contract. The existence of a of that person or as the case may
holding-subsidiary relationship shall be be company.
determined as set out in GCT 29(2)(b); [this
is only applicable where the tenderer is a
company] and

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 General Conditions of Tender

Clause Remarks/Guidelines

(iii) None of our related parties, as more

particularly defined in GCT 29(2A), has
submitted a tender for the above contract.

4. *[I/We] shall indemnify and keep indemnified the

Government against all losses, damages, costs or expenses
arising out of or in relation to any breach of any of the
representations and/or warranties above, including but not
limited to damages for delay, costs and expenses of re-
tendering and other costs incurred.

Signed for and on behalf of [name of the tenderer] by [name

and position of the signatory]2:

Name of Witness: _________________________

Signature of Witness: ______________________

Occupation: _____________________________

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 General Conditions of Tender

Clause Remarks/Guidelines

GCT 30 Admission, promotion and confirmation to the List of Approved Contractors for
Public Works / the List of Approved Suppliers of Materials and Specialist Contractors for
Public Works
A tender submitted by a contractor who has applied for DEVB memo ref. DEVB(W)
admission or promotion to the category, class and/or group 546/83/01 dated 10.8.2011
specified in the tender invitation or, in relation to a contract
for which tenders are invited from confirmed contractors
only, a tender submitted by a contractor who has applied
for confirmed status will not be considered unless its
application for admission or promotion or, as the case may
be, confirmation is approved by the date set for the close of
tender, or if this has been extended, the extended date.

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 General Conditions of Tender

Clause Remarks/Guidelines

GCT 31 Eligibility of probationary contractors to tender and for the award of contracts

(1) A tender submitted by a contractor who is on DEVB memo ref. DEVB(W)

probation in the category(ies), class(es) and/or 546/83/01 dated 10.8.2011
group(s) specified in the tender invitation will be and
rendered non-conforming and not be considered DEVB’s memo ref. DEVB(W)
if, at the date set for the close of tender or, if this 510/83/05 dated 14.7.2020
has been extended, the extended date:

(a) the number and/or value of contracts or This clause is not applicable for
works that it already holds (also counting tenders adopting open tendering
this contract and the corrected forecast total procedures.
of the Prices) exceeds the limits on number
and/or value of contracts or works in the
relevant category, class and group as
stipulated in the then current version of the
Contractor Management Handbook; or

(b) it is otherwise ineligible to tender according

to the then current version of the Contractor
Management Handbook.

(2) A tenderer who is on probation in the

category(ies), class(es) and/or group(s) specified
in the tender invitation will not be eligible for
award of this contract if, at the date when the
tender report is completed and signed for
submission to the relevant authority for
determination of the contract award:

(a) the number and/or value of contracts or

works that it already holds (also counting
this contract and the corrected forecast total
of the Prices) exceeds the limits on number
and/or value of contracts or works in the
relevant category, class and group as
stipulated in the version of the Contractor
Management Handbook current at the date

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 General Conditions of Tender

Clause Remarks/Guidelines
set for close of tender or, if this has been
extended, the extended date; or

(b) it is otherwise ineligible for the award of this

contract according to the version of the
Contractor Management Handbook current
at the date set for close of tender or, if this
has been extended, the extended date.

(3) In counting the number and/or value of contracts Refer to DEVB’s memo ref.
or works that a tenderer already holds under sub- DEVB(W) 510/83/05 dated
clauses (1)(a) and (2)(a) above, the joint venture 14.7.2020
contract(s) held by the tenderer of which it is
NOT the lead participant or major shareholder
will NOT be counted.

For the purpose of this sub-clause (3):

(a) Lead participant means a participant of an

unincorporated joint venture whose
percentage participation exceeds [50%] or
is the participant with the highest
percentage participation in the joint
venture; and

(b) Major shareholder means a shareholder of

an incorporated joint venture whose
percentage participation exceeds [50%] or
is the shareholder with the highest
percentage participation in the joint
venture.

(4) Tenderers should note that where: Refer to DEVB’s memo ref.
DEVB(W) 510/83/05 dated
(a) a probationary contractor has submitted
14.7.2020
tenders (including a tender for this
contract) and attained the highest
combined scores for more than one
contract (including this contract) in the

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 General Conditions of Tender

Clause Remarks/Guidelines
same category, class and group; and

(b) if the award of these contracts are

determined at the same time but the award
of two or more of these contracts to that
probationary contractor will exceed the
limits on number and/or value of contracts
or works in the relevant category, class and
group as stipulated in the version of the
Contractor Management Handbook
current at the date set for close of tender or,
if this has been extended, the extended
date,

the Client shall be entitled to determine which

contract(s) is/are to be awarded to that
probationary contractor on the basis of a
combination of tender awards of these contracts
that would cost least to the Client.

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Clause Remarks/Guidelines

GCT 31A Eligibility to Tender and for the Award of Contracts Applicable to Confirmed
Group [B]Note 1 Contractors [Effective period from 2 October 2020 to 30 September 2022]
(1) Where a tender is submitted by a confirmed DEVB memo ref. DEVB(W)
Group [B]Note 1 contractor in the category(ies) 510/33/02 dated 31.8.2020.
and group(s) specified in the tender invitation:- Effective period from 2 October
2020 to 30 September 2022.
(a) The rules on the eligibility to tender and for
the award of contract for probationary Group
[C]Note 2 contractors and the limits on the
number and/or values of contract or works
that may be undertaken by probationary
Group [C]Note 2 contractors in the relevant
category, all as set out in the current version
of the Contractor Management Handbook,
shall apply to the confirmed Group [B]Note 1
contractor. The eligibility shall be checked
at the date set for the close of tender or, if
this has been extended, the extended date
and at the date when the tender report is
completed and signed for submission to the
relevant authority for determination of the
contract award in accordance with sub-
clauses (1)(b) and (1)(c).

(b) The submitted tender will be rendered non-

conforming and not be considered if, at the
date set for the close of tender or, if this has
been extended, the extended date:

(i) the number and/or the value of

Group [C]Note 2 contracts or works that
it already holds (also counting this
contract and the corrected forecast total
of the Prices) exceeds the limits on
number and/or value of contracts or
works in the relevant category
applicable to probationary Group

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 General Conditions of Tender

Clause Remarks/Guidelines
[C]Note 2 contractors as stipulated in the
then current version of the Contractor
Management Handbook; or

(ii) it is otherwise ineligible to tender,

whether as a confirmed Group [B]Note 1
or a probationary Group [C]Note 2
contractor, according to the then current
version of the Contractor Management
Handbook.

(c) The tenderer will not be eligible for award of

this contract if, at the date when the tender
report is completed and signed for
submission to the relevant authority for
determination of the contract award:

(i) the number and/or the value of

Group [C]Note 2 contracts or works that
it already holds (also counting this
contract and the corrected forecast total
of the Prices) exceeds the limits on
number and/or value of contracts or
works in the relevant category
applicable to probationary
Group [C]Note 2 contractor as stipulated
in the version of the Contractor
Management Handbook current at the
date set for close of tender or, if this has
been extended, the extended date; or

(ii) it is otherwise ineligible for the award

of this contract, whether as a confirmed
Group [B]Note 2 or a probationary Group
[C]Note 2 contractor, according to the
version of the Contractor Management
Handbook current at the date set for

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 General Conditions of Tender

Clause Remarks/Guidelines
close of tender or, if this has been
extended, the extended date,

in which case its tender shall still be

considered to be a conforming tender for the
purposes of tender assessment under *the
* Delete as appropriate.
marking scheme at Annex [ ] / the formula
approach set out in the Notes to Tenderers
NTT Clause [ ].

(2) Notwithstanding Special Conditions of Tender

Clause [5]Note 3 and in assessing whether a
participant or shareholder in a joint venture
(whether incorporated or unincorporated) is
technically capable of undertaking the part of the
works, the participant or shareholder who is a
confirmed Group [B]Note 1 contractor will be
assessed as if it is a probationary Group [C]Note 2
contractor. The participant or shareholder will
be considered as technically capable of
undertaking the part of the works, if the proposed
value of works to be undertaken does not exceed
the limits on the number and/or value of
contracts in the relevant category applicable to
probationary Group [C]Note 2 contractors as
stipulated in the then current version of the
Contractor Management Handbook. If this
participant or shareholder wishes to take up
works in excess of these limits, the provisions in
Special Conditions of Tender Clause 5(6)(d)Note 3
shall be applied (i.e. it is required to satisfy the
minimum technical and management criteria and
the requirement for submission of documentary
evidence).

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Clause Remarks/Guidelines
(3) In counting the number and/or the value of
contracts or works that a tenderer already holds
under sub-clauses (1)(b) and (1)(c), the joint
venture contract(s) held by the tenderer of which
it is NOT the lead participant or major
shareholder will not be counted.

For the purpose of this sub-clause (3):

(a) Lead participant means a participant of an

unincorporated joint venture whose
percentage participation exceeds [50%] or is
the participant with the highest percentage
participation in the joint venture; and

(b) Major shareholder means a shareholder of

an incorporated joint venture whose
percentage participation exceeds [50%] or is
the shareholder with the highest percentage
participation in the joint venture.

(4) Tenderers should note that where:

(a) a confirmed Group [B]Note 1 contractor has

submitted tenders (including a tender for
this contract) and attained the highest
combined scores for more than one
Group [C]Note 2 contract (including this
contract) in the same category; and

(b) if the award of these contracts are

determined at the same time but the award
of two or more of these contracts to that
contractor will exceed the limits on number
and/or value of contracts or works in the
relevant category applicable to probationary
Group [C]Note 2 contractors as stipulated in
the version of the Contractor Management
Handbook current at the date set for close of
tender or, if this has been extended, the

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 General Conditions of Tender

Clause Remarks/Guidelines
extended date,

the Client shall be entitled to determine which

contract(s) is/are to be awarded to that contractor
on the basis of a combination of tender awards
of these contracts that would cost least to the
Client.

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 General Conditions of Tender

Notes:

Note 1 Please insert the appropriate group as follows:

Contract Group
Works contract (other than term contract) with pre- Group A
tender estimate more than the Group A tender limit but
less than or equivalent to 110% of the Group A tender
limit
Works contract (other than term contract) with pre- Group B
tender estimate more than the Group B tender limit but
less than or equivalent to 110% of the Group B tender
limit

Note 2 Please insert the appropriate group as follows:

Contract Group
Works contract (other than term contract) with pre- Group B
tender estimate more than the Group A tender limit but
less than or equivalent to 110% of the Group A tender
limit
Works contract (other than term contract) with pre- Group C
tender estimate more than the Group B tender limit but
less than or equivalent to 110% of the Group B tender
limit

Note 3
SCT 5 (Contractors’ Joint Venture) in the Library of Standard Special Conditions
of Tender.

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 General Conditions of Tender

Clause Remarks/Guidelines

GCT 32 Ethical commitment

(1) The tenderer shall not, and shall procure that its
employees, agents and subcontractors shall not,
offer, solicit or accept an advantage as defined in
the Prevention of Bribery Ordinance, Cap. 201 in
connection with the tendering and execution of
this contract.

(2) Failure to so procure or any act of offering,

soliciting or accepting advantage referred to in (1)
above committed by the tenderer or by an
employee, agent or subcontractor of the tenderer
shall, without affecting the tenderer’s liability for
such failure and act, result in its tender being
invalidated.

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GCT 33 Tender cost

The Client shall not in any circumstances be liable for any Note : Originated from the funding
costs, expenses and damages incurred or suffered by the approval clause.
tenderers in connection with the preparation and submission
of their tenders, in the event that this tender exercise is
cancelled on any ground[, including on the ground that funds * Delete the words in square
are not available under Special Conditions of Tender Clause brackets if SCT 10 is not used.
SCT 10].*

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GCT 34 Tenderer’s consent and authorization on conviction records

(1) The tenderer shall submit with the tender a duly DEVB memo ref. DEVB(W)
signed letter in the form set out in Appendix 510/10/01 dated 3.12.2012.
[insert appropriate reference ] to these General
Conditions of Tender giving consent to the [ name
of the project office/procuring department ] to
obtain from all relevant government
departments/bureaux, authorizing such relevant
Note 1 : Project office/procuring
government departments/bureaux to release and
department should check the
make available to [ name of the project
ordinances / specific subsidiary
office/procuring department ] and giving further
legislation to be listed, taking into
consent to the [ name of the project
account the provisions of the tender
office/procuring department ] to furnish to the
documents as adopted for any
Project Manager designate, all information
particular project (including GCT
relating to its convictions, including the legislation
and SCT). On the basis of the
violated, dates of offences, dates of convictions
GCT and SCT promulgated by
and the associated fine imposed by the court, site
DEVB (via Technical Circulars and
addresses, contract numbers and contract titles, for
memos) as at 30 November 2012,
offences under the following ordinances
the ordinances/specific subsidiary
(including all subsidiary legislation made
legislation to be covered include:
thereunder) and specific subsidiary legislation (if
any):
(a) [Set out the ordinances/specific sub-
legislation quoted in relevant GCTs and
SCTs] [See Note 1];
(b) [Land (Miscellaneous Provisions)
Ordinance (Cap. 28) ][See Note 2]; and
(c) [Other ordinances / specific subsidiary
legislation to be specified by the project
office/procuring department if required for
tender assessment in accordance with the
provisions of the tender documents as
adopted for any particular project ]. [See
Note 1]

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 General Conditions of Tender

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(a) Section 27 of the Public

Health and Municipal
Services Ordinance (Cap
132);
(b) Section 17I and Section 38A
of the Immigration Ordinance
(Cap 115);
(c) Employment Ordinance (Cap
57);
(d) Factories and Industrial
Undertakings Ordinance (Cap.
59);
(e) Occupational Safety and
Health Ordinance (Cap. 509);
(f) Shipping and Port Control
Ordinance (Cap. 313);
(g) Merchant Shipping (Local
Vessels) Ordinance (Cap. 548);
(h) Air Pollution Control
Ordinance (Cap. 311);
(i) Noise Control Ordinance (Cap.
400);
(j) Waste Disposal Ordinance
(Cap. 354);
(k) Water Pollution Control
Ordinance (Cap. 358);
(l) Dumping at Sea Ordinance
(Cap. 466);
(m) Ozone Layer Protection
Ordinance (Cap. 403);
(n) Environmental Impact
Assessment Ordinance (Cap.
499); and
(o) Hazardous Chemicals Control
Ordinance (Cap. 595).
Note 2 : To be included when the

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 General Conditions of Tender

Clause Remarks/Guidelines
standard marking scheme set out in
Appendix C1 to DEVB TCW No.
4/2014 is adopted. Departments
should check with the Highways
Department for such conviction
records.

The letter shall be signed by a person authorized Note 3 : This is not to be inserted as
to sign Government contracts on the tenderer's an essential requirement pursuant to
behalf [See Note 3]. Clause GCT 21. However, contract
drafter shall ensure that the
submission of the duly signed letter
of consent and authorization is
covered by GCT 16 as amended in
accordance with DEVB’s memo ref.
DEVB(W) 510/10/01 dated 10
September 2012 and entitled Tender
Clarifications.

(2) If the tenderer is a partnership or an

unincorporated or incorporated joint venture, each
participant of the partnership or unincorporated
joint venture or shareholder of the incorporated
joint venture shall submit such a duly signed letter.
The signatory for such participant or shareholder
shall be a person authorized to sign Government
contracts on behalf of that participant or, as the
case may be, shareholder.

Appendix __

To: [ Name of the procuring department ]

Dear Sir/Madam,

Contract No. [ ]
[ Contract title ]
Letter of Consent and Authorization

We hereby give consent to the [ name of the project

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 General Conditions of Tender

Clause Remarks/Guidelines
office/procuring department ] to obtain from all relevant
government departments/bureaux and authorize such
relevant government departments/bureaux to release and
make available to [ name of the project office/procuring
department ] information relating to our conviction
records (if any), including the legislation violated, dates
of offences, dates of convictions and the associated fine
imposed by the court, site addresses, contract numbers
and contract titles, for offences under the following
ordinances (including all sub-legislation made
thereunder) and specific sub-legislation (if any) for the * Where GCT 34(2) applies,
purposes of assessment of [our submission]* in this change to "the submission of
tendering exercise. [name of the tenderer]".

[ set out the legislation referred to in GCT X(1) ]

We give further consent to the [ name of the project

office / procuring department ] to furnish such
information to [ name of project consultant], the Project
Manager designate, for the same purposes.

(Signed for and on behalf of the tenderer or, where GCT

34(2) applies, the relevant participant or, as the case may
be, shareholder)

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GCT 35 Contingency sums, provisional sums and forecast total of the Prices
(1) Notwithstanding the inclusion of contingency sums, * Delete where appropriate.
provisional sums and forecast total of the Prices in the
# Insert appropriate clause reference.
Grand Summary of the *bill of quantities/*activity
schedule, the contingency sums, provisional sums and
forecast total of the Prices shall not form part of this
contract.
(2) The contingency sums and provisional sums are
allowed as contingencies for the purpose of internal
administration of the Client under the Stores and
Procurement Regulations only. The forecast total of
the Prices is included for tender evaluation purpose
only and shall not affect the tendered total of the
Prices which shall remain contractually binding.
The tenderer shall not rely on any information
supplied to it on the contingency sums, provisional
sums or forecast total of the Prices as estimated
changes to the Prices due to the effect of compensation
events or other estimated payment which shall be
assessed in accordance with the relevant contract
terms if this contract is awarded to it.
(3) The attention of the tenderer is drawn to Clause [A7]#
of the additional conditions of contract.

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 General Conditions of Tender

APPENDIX [ ] TO THE GENERAL CONDITIONS OF TENDER

Part A - Financial information required to be submitted in tender for public works contracts
(for tenderers already on the List of Approved Contractors for Public Works and/or the List
of Approved Suppliers of Materials and Specialist Contractors for Public Works)

(1) Tenderers shall provide the following documents if they have not already been submitted to
the Finance Section of Development Bureau before:

(a) management accounts covering the period between the latest set of audited financial
statements up to a date not earlier than three months before the date of submission;

(b) a statement listing current or outstanding contracts held in hand with the Client and the
private sector including but not limited to the Hospital Authority and the Housing Authority,
both as main contractor or subcontractor, with total and outstanding contract sums,
contract period and time required to complete the outstanding portion of the contract;
and

(c) bank letters or agreements on existing banking facilities such as term loans and overdraft.

Copies of all statements submitted under paragraphs (a) to (c) above shall be certified true and
correct by independent auditors or directors of the company. The sample statement format
for (b) above can be downloaded from the website of Development Bureau.

(2) All statements submitted should be prepared in English or Chinese.

(3) The management accounts shall reflect the financial position of the company only (i.e. the
accounts must not be consolidated accounts).

(4) The management accounts include at a minimum statement of financial position (or balance
sheet) and statement of comprehensive income (or profit and loss accounts) and must be in
the same layout of the audited financial statements.

(5) In the case of a joint venture, financial and supplementary statements as mentioned under
paragraph (1) above for each participating company must be submitted.

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 General Conditions of Tender

Part B - Financial information required to be submitted in tender for public works contracts
(for tenderers NOT on the List of Approved Contractors for Public Works and the List of
Approved Suppliers of Materials and Specialist Contractors for Public Works)

(1) Tenderers shall provide the following documents if they have not already been submitted to
the Finance Section of Development Bureau before:
(a) the original or copies of annual financial statements for the last three accounting years
audited and certified by certified public accountants;
(b) management accounts covering the period between the latest set of audited financial
statements up to a date not earlier than three months before the date of submission;
(c) a statement of gains/(losses) arising from fair value adjustments for the latest audited
financial statements;
(d) a statement giving details of significant events which occurred after the year end date
of the latest audited financial statements which would affect the tenderer’s financial
position;
(e) a statement giving details of subsequent settlement of current assets after the year end
date of the latest audited financial statements;
(f) a statement giving details of any off-balance sheet liabilities, including contingent
liabilities, if not covered in the latest audited financial statements;
(g) a statement listing current or outstanding contracts held in hand with the Client and the
private sector including but not limited to the Hospital Authority and the Housing
Authority, both as main contractor or subcontractor, with total and outstanding contract
sums, contract period and time required to complete the outstanding portion of the
contract; and
(h) bank letters or agreements on existing banking facilities such as term loans and
overdraft.
Copies of audited financial statements submitted under paragraph (a) shall be certified true
by the directors of the company and all documents under paragraphs (b) to (h) above shall
be certified true and correct by independent auditors or directors of the company. The
sample statement format for (c), (d), (e) and (g) above can be downloaded from the website
of Development Bureau.
(2) All statements submitted should be prepared in English or Chinese.
(3) The financial statements and the management accounts shall reflect the financial position of
the company only (i.e. the accounts must not be consolidated accounts).

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 General Conditions of Tender

(4) Audited financial statements include auditor’s report, statement of financial position,
statement of comprehensive income, statement of changes in equity and statement of cash
flows, and notes comprising significant accounting policies and other explanatory
information.
(5) The latest audited financial statements must be for a period ending no more than 18 months
before the submission date.
(6) For the latest audited financial statements, if the auditor has issued a disclaimer or adverse
audit opinion in the auditor’s report, the company shall be deemed as failing to submit the
required financial statements.
(7) The management accounts include at a minimum statement of financial position (or balance
sheet) and statement of comprehensive income (or profit and loss accounts) and must be in
the same layout of the audited financial statements.
(8) In the case of a joint venture, financial and supplementary statements as mentioned under
paragraph (1) above for each participating company must be submitted.

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 APPENDIX [ ] TO THE GENERAL CONDITIONS OF TENDER

Correction Rules for Tender Errors

(General Conditions of Tender Clause GCT 11)

Section 1 – General

1.1 For errors which have been specifically addressed in the General or Special Conditions
of Tender, the errors shall be dealt with strictly in accordance with the relevant General
or Special Conditions of Tender. The following rules shall only apply where the errors
have not been specifically addressed in the General or Special Conditions of Tender.

1.2 Subject to paragraph 1.1 above, where a correction rule provided in Section 2 below is
applicable, the errors shall be corrected in accordance with that rule.

1.3 In the event no written correction rule is applicable,

(i) where ambiguity as to the tenderer’s true intention exists, it shall be construed
by the tender examiner by reference to the best practice or his best judgment;
and

(ii) where errors relate to factual information and there is no room for manipulation
by a tenderer by virtue of subsequent correction; or where the correction of such
errors would not change the tender in substance or the quality of the tender which
would give the tenderer an advantage over the other tenderers, the concerned
tenderers may be permitted to correct the errors. In other cases, the tender shall
be assessed with the errors as submitted.

1.4 For the purposes of these rules, errors include omissions.

Notes: Four sets of similar but slightly different correction rules are set out in
Section 2. Their applications are shown in the table below: -

Set I II III IV

Similar to Lump sum Lump sum Re- Re-

conventional contract contract measurement measurement

activity bill of activity bill of

with
schedule quantities schedule quantities

Option A
(May use for
(May use for
Option B & D Option B
NEC Option C in Option C
in building Option D
building
contracts)
contracts)

Library of Standard GCT for NEC4 ECC (4.10.2021) Appendix Page GCT 11 - A1
[Set I]
*Section 2 – Errors in pricing document [for use in contracts with activity schedule and
correction rules similar to those for conventional lump sum contracts]

2.1 The tendered total of the Prices stated in the Form of Tender shall remain unchanged
irrespective of any corrections made hereinafter. If there is a discrepancy between the
amount in “words” and in “figures” for the tendered total of the Prices in the Form of
Tender, the one that agrees with the figure stated in the Grand Summary of the activity
schedule shall be taken as the tendered total of the Prices. If neither one agrees with the
figure stated in the Grand Summary, the amount in “figures” shall be taken as the
tendered total of the Prices. Where either the amount in “words” or the amount in
“figures” is left blank or illegible, the remaining one shall be taken as the tendered total
of the Prices. If the amount in “words” and the amount in “figures” for the
tendered total of the Prices in the Form of Tender are both left blank or illegible,
the tender is invalid. Subject to the conditions abovementioned, the tendered total of
the Prices stated in the Form of Tender shall take precedence over the tendered total of
the Prices stated in the Contract Data Part two and the Grand Summary and the same
figure shall be correctly reinstated in the latter two documents for any discrepancy. If
the tenderer has not inserted the tendered total of the Prices in Contract Data Part two,
the tendered total of the Prices in Contract Data Part two shall be corrected to the
tendered total of the Prices stated in the Form of Tender.

2.2 If there are errors in the activity schedule, they shall be corrected as follows:

(i) Errors in the casting of cash columns in a schedule of the activity schedule shall
be corrected.

(ii) The extension may be amended to agree with the quantity and rate or (dependent
on the judgement of the tender examiner) the rate may be amended to agree with
the quantity and the extension in the cash column but in no case will the alteration
of both rate and cash extension be permitted for any re-measurement item
with provisional quantity. [Optional]

(iii) Indistinct rates shall be clarified to agree with the quantity and the extension in
the cash column for any re-measurement item with provisional quantity.
[Optional]

(iv) Where there is no price or an illegible price inserted against any activity in the
activity schedule, it shall be deemed that the price for the activity has been
allowed in prices entered elsewhere in the activity schedule and the price shall
therefore be marked as zero.

(v) If one or more pages of the activity schedule are found missing, subject to sub-
paragraph (vii) below, the prices for all activities in the missing page(s) shall be
marked as zero and the prices shall be deemed to have been allowed for in prices
entered elsewhere in the activity schedule.

(vi) Should there be a tender addendum introducing changes to the activity schedule
but the changes have not been incorporated into the activity schedule by a
tenderer, then the changes as required by the tender addendum shall be
incorporated into the tenderer’s activity schedule and the prices for those new
activities or modified activities shall be determined as follows:

Library of Standard GCT for NEC4 ECC (4.10.2021) Appendix Page GCT 11 - A2
 Where new activity is Price for the new activity shall be marked
introduced as zero and the price of the activity shall be
deemed to have been allowed for in prices
entered elsewhere in the activity schedule,
unless it is an activity pre-priced by the
Client. For a pre-priced activity, the same
price in the addendum shall be used.

Where the activity description If a price has been entered against the
is changed original activity, the same price shall be
used.

Where an activity is deleted That activity shall be deleted in accordance

with the addendum.

Where the provisional quantity If a rate has been entered against the
for any re-measurement item original item, the same rate shall be used.
is changed [Optional]

Where the measurement unit is If a rate has been entered against the
modified for any re- original item, the rate shall be adjusted to
measurement item [Optional] fit in with the new unit.

(vii) Where the activity schedule contains any pre-priced activities and the tenderer
fails to include any of them correctly in its activity schedule, then such sum (or
sums) shall be correctly reinstated in the activity schedule.

(viii) Where the total of the prices of the additional activities in any schedule of
Schedule No. [XX]# to [XX]# of the activity schedule entered by the tenderer
exceeds [10%]^ of the total of the prices for that schedule, the total of the prices
of the additional activities in the respective schedule shall be corrected to the
equivalent value of [10%]^ of the total of prices for that schedule. The difference
between the corrected prices and the original prices entered by the tenderer for
that schedule shall then be distributed to all activities in that schedule in
proportion according to the original prices of those activities entered by the
tenderer. [Optional]

# Please insert appropriate schedule reference.

^ Please insert appropriate percentage to suit the project specific consideration.

2.3 After correcting all the errors in accordance with paragraph 2.2 above, the difference
between:

(i) the tendered total of the Prices stated in the Form of Tender minus the total of
the prices for any pre-priced activities, and

Library of Standard GCT for NEC4 ECC (4.10.2021) Appendix Page GCT 11 - A3
 (ii) the corrected total of all schedules of the activity schedule minus the total of the
prices for any pre-priced activities

shall be calculated as a plus percentage of the sum at 2.3(ii) if 2.3(i) is greater than
2.3(ii), or as a minus percentage of the sum at 2.3(ii) if 2.3(i) is less than 2.3(ii).

2.4 Subject to paragraph 2.3, the plus or minus percentage shall be applied to the tendered
prices including those corrected under paragraph 2.2 but excluding all pre-priced
activities.

2.5 After application of paragraphs 2.1 to 2.4 above, if the corrected total of the prices for
Schedule No. [XX]## of the activity schedule exceeds [YY%]^^ of the corrected total of
the prices for all schedules of the activity schedule, then the corrected total of the prices
for Schedule No. [XX]## shall be further adjusted to the equivalent value of [YY%]^^
of the corrected total of the prices for all schedules. The prices of the activities in
Schedule No. [XX]##, except for those pre-priced activities, shall be adjusted in
proportion according to the prices of those activities before application of this rule. The
difference between the adjusted prices and the prices before adjustment for Schedule No.
[XX]## shall then be distributed to other activities in all schedules of the activity schedule,
except for Schedule No. [XX]## and those pre-priced activities, in proportion according
to the prices of those activities before application of this rule. [Optional clause for
prevention of front loading scenario but satisfying the cash flow requirement if
applicable]

## Please insert appropriate schedule reference.

^^ Please insert appropriate percentage to suit the project specific consideration.

2.6 The tender examiner may adjust the corrected prices for any round-off error in order to
match with the tendered total of the Prices stated in the Form of Tender.

2.7 After correcting errors in accordance with the foregoing rules, the summary of all
schedules of the activity schedule shall be endorsed as follows:

“In accordance with the correction rules set out in Appendix [insert appropriate
reference] to the General Conditions of Tender as referred to in the General Conditions
of Tender Clause GCT 11, all the prices inserted by the tenderer in Schedules No. […]
and […] to […] of the activity schedule [except those pre-priced activities] shall be
corrected by …..% and …..% respectively for all purposes for which those prices may
be used under this contract.”

2.8 If error is found in the fee percentage, it shall be corrected as follows:

(i) If the fee percentage inserted by the tenderer in the Contract Data Part two
exceeds the cap of fee percentage as stated in the Contract Data Part two, it shall
be corrected to the cap of fee percentage. The Grand Summary including the
forecast total of the Prices shall be adjusted accordingly.

(ii) If the fee percentage inserted by the tenderer in the Contract Data Part two is a
negative percentage or lower than the minimum fee percentage, it shall be
corrected to the minimum fee percentage. The Grand Summary including the
forecast total of the Prices shall be adjusted accordingly.

Library of Standard GCT for NEC4 ECC (4.10.2021) Appendix Page GCT 11 - A4
 (iii) If the tenderer has not inserted a fee percentage in the Contract Data Part two,
the fee percentage shall be corrected to the minimum fee percentage. The Grand
Summary including the forecast total of the Prices shall be adjusted accordingly.

(iv) If the fee percentage inserted by the tenderer in the Contract Data Part two is
illegible, the fee percentage shall be corrected to the minimum fee percentage.
The Grand Summary including the forecast total of the Prices shall be adjusted
accordingly.

2.9 Where the Grand Summary contains contingency sum for Defined Cost for
compensation events, *provisional sum for price adjustment for inflation under
secondary Option X1, *provisional sum for provision of Assistant Clerical Officer
(Labour Relations) and *provisional sum for performance-tied payment item under Pay
for Safety Performance Merit Scheme (PFSPMS) under secondary Option X20 or any
combination of them and the tenderer fails to include any or all of them correctly in the
Grand Summary, then such sum (or sums) shall be correctly reinstated in the Grand
Summary.

2.10 Where the Grand Summary contains contingency sum for Fee for compensation events,
and sub-total of all contingency sums and provisional sums or any combination of them
and arithmetical errors are found, then errors in calculation of such sum (or sums) shall
be corrected in the Grand Summary.

2.11 After correcting all the errors in the manner abovementioned, the forecast total of the
Prices shall be corrected to the sum of (i) the tendered total of the Prices in the Form of
Tender and (ii) the sub-total of all corrected contingency sums and corrected provisional
sums in the Grand Summary.

* Modify where appropriate

Library of Standard GCT for NEC4 ECC (4.10.2021) Appendix Page GCT 11 - A5
[Set II]
*Section 2 – Errors in pricing document [for use in contracts with bill of quantities and
correction rules similar to those for conventional lump sum contracts]

2.1 The tendered total of the Prices stated in the Form of Tender shall remain unchanged
irrespective of any corrections made hereinafter. If there is a discrepancy between the
amount in “words” and in “figures” for the tendered total of the Prices in the Form of
Tender, the one that agrees with the figure stated in the Grand Summary of the bill of
quantities shall be taken as the tendered total of the Prices. If neither one agrees with
the figure stated in the Grand Summary, the amount in “figures” shall be taken as the
tendered total of the Prices. Where either the amount in “words” or the amount in
“figures” is left blank or illegible, the remaining one shall be taken as the tendered total
of the Prices. If the amount in “words” and the amount in “figures” for the
tendered total of the Prices in the Form of Tender are both left blank or illegible,
the tender is invalid. Subject to the conditions abovementioned, the tendered total of
the Prices stated in the Form of Tender shall take precedence over the tendered total of
the Prices stated in the Contract Data Part two and the Grand Summary and the same
figure shall be correctly reinstated in the latter two documents for any discrepancy. If
the tenderer has not inserted the tendered total of the Prices in Contract Data Part two,
the tendered total of the Prices in Contract Data Part two shall be corrected to the
tendered total of the Prices stated in the Form of Tender.

2.2 If there are errors in the bill of quantities, they shall be corrected as follows:

(i) Errors in the casting of cash columns in a bill of the bill of quantities shall be
corrected.

(ii) The extension may be amended to agree with the quantity and rate or (dependent
on the judgement of the tender examiner) the rate may be amended to agree with
the quantity and the extension in the cash column but in no case will the alteration
of both rate and cash extension be permitted.

(iii) Indistinct rates shall be clarified to agree with the quantity and the extension in
the cash column.

(iv) Where there is no extension amount or an illegible amount and no rate or an

illegible rate has been inserted against any item or quantity in the bill of
quantities it shall be deemed that the price of the item or quantity has been
allowed for in rates entered elsewhere in the bill of quantities and the rate shall
therefore be marked as zero.

(v) If one or more pages of the bill of quantities are found missing, subject to sub-
paragraph (vii) below, the rates for all items in the missing page(s) shall be
marked as zero and the prices shall be deemed to have been allowed for in rates
entered elsewhere in the bill of quantities.

(vi) Should there be a tender addendum introducing changes to the bill of quantities
but the changes have not been incorporated into the bill of quantities by a
tenderer, then the changes as required by the tender addendum shall be
incorporated into the tenderer’s bill of quantities and the rates for those new
items or modified items shall be determined as follows:

Library of Standard GCT for NEC4 ECC (4.10.2021) Appendix Page GCT 11 - A6
 Where new item is introduced Rate for the new item shall be marked as
zero and the price of the item shall be
deemed to have been allowed for in rates
entered elsewhere in the bill of quantities,
unless it is an item pre-priced by the Client.
For a pre-priced item, the same rate in the
addendum shall be used.

Where the item description If a rate has been entered against the
and/or quantity is changed original item, the same rate shall be used.

Where an item is deleted That item shall be deleted in accordance

with the addendum.

Where the measurement unit is If a rate has been entered against the
modified original item, the rate shall be adjusted to
fit in with the new unit.

(vii) Where the bill of quantities contains any pre-priced items and the tenderer fails
to include any of them correctly in its bill of quantities, then such sum (or sums)
shall be correctly reinstated in the bill of quantities.

2.3 After correcting all the errors in accordance with paragraph 2.2 above, the difference
between:

(i) the tendered total of the Prices stated in the Form of Tender minus the total of
any pre-priced items, and

(ii) the corrected total of all items in all bills of the bill of quantities minus the total
of any pre-priced items

shall be calculated as a plus percentage of the sum at 2.3(ii) if 2.3(i) is greater than
2.3(ii), or as a minus percentage of the sum at 2.3(ii) if 2.3(i) is less than 2.3(ii).

2.4 Subject to paragraph 2.3, the plus or minus percentage shall be applied to the tendered
rates including those corrected under paragraph 2.2 but excluding all pre-priced items.

2.5 After application of paragraphs 2.1 to 2.4 above, if the corrected total of the prices for
Bill No. [XX]## of the bill of quantities exceeds [YY%]^^ of the corrected total of the
prices for all bills of the bill of quantities, then the corrected total of the prices for Bill
No. [XX]## shall be further adjusted to the equivalent value of [YY%]^^ of the corrected
total of the prices for all bills. The rates of the items in Bill No. [XX]##, except for those
pre-priced items, shall be adjusted in proportion according to the rates of those items
before application of this rule. The difference between the adjusted rates and the rates
before adjustment for Bill No. [XX]## shall then be distributed to other items in all bills
of the bill of quantities except for Bill No. [XX]## and those pre-priced items, in
proportion according to the rates of those items before application of this rule. [Optional

Library of Standard GCT for NEC4 ECC (4.10.2021) Appendix Page GCT 11 - A7
 clause for prevention of front loading scenario but satisfying the cash flow requirement
if applicable]

## Please insert appropriate bill reference.

^^ Please insert appropriate percentage to suit the project specific consideration.

2.6 The tender examiner may adjust the corrected rates for any round-off error in order to
match with the tendered total of the Prices stated in the Form of Tender.

2.7 After correcting errors in accordance with the foregoing rules, the summary of all bills
of the bill of quantities shall be endorsed as follows:

“In accordance with the correction rules set out in Appendix [insert appropriate
reference] to the General Conditions of Tender as referred to in the General Conditions
of Tender Clause GCT 11, all the rates and prices inserted by the tenderer in Bills No.
[…] and […] to […] of the bill of quantities [except those pre-priced items] shall be
corrected by …..% and …..% respectively for all purposes for which those rates and
prices may be used under this contract.”

2.8 If error is found in the fee percentage, it shall be corrected as follows:

(i) If the fee percentage inserted by the tenderer in the Contract Data Part two
exceeds the cap of fee percentage as stated in the Contract Data Part two, it shall
be corrected to the cap of fee percentage. The Grand Summary including the
forecast total of the Prices shall be adjusted accordingly.

(ii) If the fee percentage inserted by the tenderer in the Contract Data Part two is a
negative percentage or lower than the minimum fee percentage, it shall be
corrected to the minimum fee percentage. The Grand Summary including the
forecast total of the Prices shall be adjusted accordingly.

(iii) If the tenderer has not inserted a fee percentage in the Contract Data Part two,
the fee percentage shall be corrected to the minimum fee percentage. The Grand
Summary including the forecast total of the Prices shall be adjusted accordingly.

(iv) If the fee percentage inserted by the tenderer in the Contract Data Part two is
illegible, the fee percentage shall be corrected to the minimum fee percentage.
The Grand Summary including the forecast total of the Prices shall be adjusted
accordingly.

2.9 Where the Grand Summary contains contingency sum for Defined Cost for
compensation events, *provisional sum for price adjustment for inflation under
secondary Option X1, *provisional sum for provision of Assistant Clerical Officer
(Labour Relations) and *provisional sum for performance-tied payment item under Pay
for Safety Performance Merit Scheme (PFSPMS) under secondary Option X20 or any
combination of them and the tenderer fails to include any or all of them correctly in the
Grand Summary, then such sum (or sums) shall be correctly reinstated in the Grand
Summary.

Library of Standard GCT for NEC4 ECC (4.10.2021) Appendix Page GCT 11 - A8
2.10 Where the Grand Summary contains contingency sum for Fee for compensation events,
and sub-total of all contingency sums and provisional sums or any combination of them
and arithmetical errors are found, then errors in calculation of such sum (or sums) shall
be corrected in the Grand Summary.

2.11 After correcting all the errors in the manner abovementioned, the forecast total of the
Prices shall be corrected to the sum of (i) the tendered total of the Prices in the Form of
Tender and (ii) the sub-total of all corrected contingency sums and corrected provisional
sums in the Grand Summary.

* Modify where appropriate

Library of Standard GCT for NEC4 ECC (4.10.2021) Appendix Page GCT 11 - A9
[Set III]
*Section 2 – Errors in pricing document [for use in contract with activity schedule and
correction rules similar to those for conventional re-measurement contracts]

2.1 Under no circumstances can the tendered prices for activities be changed.

2.2 If errors are found in the activity schedule, they shall be corrected as follows:

(i) Errors in extensions and casting of page totals in a schedule of the activity
schedule shall be corrected and the rectified amounts carried to the Grand
Summary.

(ii) Where there is an extension amount but no rate or an illegible rate has been
inserted against any provisional quantity for any re-measurement item in the
activity schedule the rate is deemed to be the amount divided by the provisional
quantity as rounded off to the nearest cent. [Optional]

(iii) Subject to sub-clause (ii) above, where there is no price or an illegible price has
been inserted against any activity in the activity schedule, it shall be deemed that
the price for the activity has been allowed in prices entered elsewhere in the
activity schedule and the price shall therefore be marked as zero.

(iv) If one or more pages of the activity schedule are found missing, subject to sub-
paragraph (vi) below, the prices for all activities in the missing page(s) shall be
marked as zero and the prices shall be deemed to have been allowed for in prices
entered elsewhere in the activity schedule.

(v) Should there be a tender addendum introducing changes to the activity schedule
but the changes have not been incorporated into the activity schedule by a
tenderer, then the changes as required by the tender addendum shall be
incorporated into the tenderer’s activity schedule and the prices for those new
activities or modified activities shall be determined as follows:

Where new activity is Price for the new activity shall be marked
introduced as zero and the price of the activity shall be
deemed to have been allowed for in prices
entered elsewhere in the activity schedule,
unless it is an activity pre-priced by the
Client. For a pre-priced activity, the same
price in the addendum shall be used.

Where the activity description If a price has been entered against the
is changed original activity, the same price shall be
used.

Where an activity is deleted That activity shall be deleted in accordance

with the addendum.

Where the provisional quantity If a rate has been entered against the
for any re-measurement item original item, the same rate shall be used.
is changed [Optional]

Library of Standard GCT for NEC4 ECC (4.10.2021) Appendix Page GCT 11 - A10
 Where the measurement unit is If a rate has been entered against the
modified for any re- original item, the rate shall be adjusted to
measurement item [Optional] fit in with the new unit.

(vi) Where the activity schedule contains any pre-priced activities and the tenderer
fails to include any of them correctly in its activity schedule, then such sum (or
sums) shall be correctly reinstated in the activity schedule.

2.3 After correcting all the errors in the manner abovementioned, the tendered total of the
Prices in the Grand Summary shall be corrected to the corrected total of all schedules of
the activity schedule. The tendered total of the Prices stated in the Form of Tender and
the Contract Data Part two shall be corrected accordingly.

2.3A If the activity schedule does not require any correction, and if the tendered total of the
Prices stated in the Grand Summary is different from that stated in the Form of Tender
or the Contract Data Part two, the Grand Summary shall prevail and the latter shall be
corrected accordingly.

2.3B If the tenderer has not inserted the tendered total of the Prices in Contract Data Part two,
the tendered total of the Prices in Contract Data Part two shall be corrected to the
tendered total of the Prices stated (or corrected, if applicable) in the Grand Summary.

2.4 If error is found in the fee percentage, it shall be corrected as follows:

(i) If the fee percentage inserted by the tenderer in the Contract Data Part two
exceeds the cap of fee percentage as stated in the Contract Data Part two, it shall
be corrected to the cap of fee percentage. The Grand Summary including the
forecast total of the Prices shall be adjusted accordingly.

(ii) If the fee percentage inserted by the tenderer in the Contract Data Part two is a
negative percentage or lower than the minimum fee percentage, it shall be
corrected to the minimum fee percentage. The Grand Summary including the
forecast total of the Prices shall be adjusted accordingly.

(iii) If the tenderer has not inserted a fee percentage in the Contract Data Part two,
the fee percentage shall be corrected to the minimum fee percentage. The Grand
Summary including the forecast total of the Prices shall be adjusted accordingly.

(iv) If the fee percentage inserted by the tenderer in the Contract Data Part two is
illegible, the fee percentage shall be corrected to the minimum fee percentage.
The Grand Summary including the forecast total of the Prices shall be adjusted
accordingly.

2.5 Where the Grand Summary contains contingency sum for Defined Cost for
compensation events, *provisional sum for price adjustment for inflation under
secondary Option X1, *provisional sum for provision of Assistant Clerical Officer
(Labour Relations) and *provisional sum for performance-tied payment item under Pay
for Safety Performance Merit Scheme (PFSPMS) under secondary Option X20 or any
combination of them and the tenderer fails to include any or all of them correctly in the

Library of Standard GCT for NEC4 ECC (4.10.2021) Appendix Page GCT 11 - A11
 Grand Summary, then such sum (or sums) shall be correctly reinstated in the Grand
Summary.

2.6 Where the Grand Summary contains contingency sum for Fee for compensation events,
and sub-total of all contingency sums and provisional sums or any combination of them
and arithmetical errors are found, then errors in calculation of such sum (or sums) shall
be corrected in the Grand Summary.

2.7 After correcting all the errors in the manner abovementioned, the forecast total of the
Prices shall be corrected to the sum of (i) the corrected tendered total of the Prices and
(ii) the sub-total of all corrected contingency sums and corrected provisional sums in the
Grand Summary.

* Modify where appropriate.

Library of Standard GCT for NEC4 ECC (4.10.2021) Appendix Page GCT 11 - A12
[Set IV]
*Section 2 – Errors in pricing document [for use in contracts with bill of quantities and
correction rules similar to those for conventional re-measurement contracts]

2.1 Under no circumstances can the tendered rates be changed.

2.2 If errors are found in the bill of quantities, they shall be corrected as follows:

(i) Errors in extensions and casting of page totals in a bill of the bill of quantities
shall be corrected and the rectified amounts carried to the Grand Summary.

(ii) Where there is an extension amount but no rate or an illegible rate has been
inserted against any quantity in the bill of quantities the rate is deemed to be the
amount divided by the quantity as rounded off to the nearest cent.

(iii) Where there is no extension amount or an illegible amount and no rate or an

illegible rate has been inserted against any item or quantity in the bill of
quantities it shall be deemed that the price of the item or quantity has been
allowed for in rates entered elsewhere in the bill of quantities and the rate shall
therefore be marked as zero.

(iv) If one or more pages of the bill of quantities are found missing, subject to sub-
paragraph (vi) below, the rates for all items in the missing page(s) shall be
marked as zero and the prices shall be deemed to have been allowed for in
rates entered elsewhere in the bill of quantities.

(v) Should there be a tender addendum introducing changes to the bill of quantities
but the changes have not been incorporated into the bill of quantities by a
tenderer, then the changes as required by the tender addendum shall be
incorporated into the tenderer’s bill of quantities and the rates for those new
items or modified items shall be determined as follows:

Where new item is introduced Rate for the new item shall be marked as
zero and the price of the item shall be
deemed to have been allowed for in rates
entered elsewhere in the bill of quantities,
unless it is an item pre-priced by the Client.
For a pre-priced item, the same rate in the
addendum shall be used.

Where the item description If a rate has been entered against the
and/or quantity is changed original item of work, the same rate shall
be used.

Where an item is deleted That item shall be deleted in accordance

with the addendum.

Where the measurement unit is If a rate has been entered against the
modified original item of work, the rate shall be
adjusted to fit in with the new unit.

Library of Standard GCT for NEC4 ECC (4.10.2021) Appendix Page GCT 11 - A13
 (vi) Where the bill of quantities contains any pre-priced items and the tenderer fails
to include any of them correctly in its bill of quantities, then such sum (or sums)
shall be correctly reinstated in the bill of quantities.

2.3 After correcting all the errors in the manner abovementioned, the tendered total of the
Prices in the Grand Summary shall be corrected to the corrected total of all bills of the
bill of quantities. The tendered total of the Prices stated in the Form of Tender and the
Contract Data Part two shall be corrected accordingly.

2.3A If the bill of quantities does not require any correction, and if the tendered total of the
Prices stated in the Grand Summary is different from that stated in the Form of Tender
or the Contract Data Part two, the Grand Summary shall prevail and the latter shall be
corrected accordingly.

2.3B If the tenderer has not inserted the tendered total of the Prices in Contract Data Part two,
the tendered total of the Prices in Contract Data Part two shall be corrected to the
tendered total of the Prices stated (or corrected, if applicable) in the Grand Summary.

2.4 If error is found in the fee percentage, it shall be corrected as follows:

(i) If the fee percentage inserted by the tenderer in the Contract Data Part two
exceeds the cap of fee percentage as stated in the Contract Data Part two, it shall
be corrected to the cap of fee percentage. The Grand Summary including the
forecast total of the Prices shall be adjusted accordingly.

(ii) If the fee percentage inserted by the tenderer in the Contract Data Part two is a
negative percentage or lower than the minimum fee percentage, it shall be
corrected to the minimum fee percentage. The Grand Summary including the
forecast total of the Prices shall be adjusted accordingly.

(iii) If the tenderer has not inserted a fee percentage in the Contract Data Part two,
the fee percentage shall be corrected to the minimum fee percentage. The Grand
Summary including the forecast total of the Prices shall be adjusted accordingly.

(iv) If the fee percentage inserted by the tenderer in the Contract Data Part two is
illegible, the fee percentage shall be corrected to the minimum fee percentage.
The Grand Summary including the forecast total of the Prices shall be adjusted
accordingly.

2.5 Where the Grand Summary contains contingency sum for Defined Cost for
compensation events, *provisional sum for price adjustment for inflation under
secondary Option X1, *provisional sum for provision of Assistant Clerical Officer
(Labour Relations) and *provisional sum for performance-tied payment item under Pay
for Safety Performance Merit Scheme (PFSPMS) under secondary Option X20 or any
combination of them and the tenderer fails to include any or all of them correctly in the
Grand Summary, then such sum (or sums) shall be correctly reinstated in the Grand
Summary.

2.6 Where the Grand Summary contains contingency sum for Fee for compensation events,
and sub-total of all contingency sums and provisional sums or any combination of them

Library of Standard GCT for NEC4 ECC (4.10.2021) Appendix Page GCT 11 - A14
 and arithmetical errors are found, then errors in calculation of such sum (or sums) shall
be corrected in the Grand Summary.

2.7 After correcting all the errors in the manner abovementioned, the forecast total of the
Prices shall be corrected to the sum of (i) the corrected tendered total of the Prices and
(ii) the sub-total of all corrected contingency sums and corrected provisional sums in the
Grand Summary.

* Modify where appropriate.

Library of Standard GCT for NEC4 ECC (4.10.2021) Appendix Page GCT 11 - A15